- (1.) RAKESH Tiwari, J. Heard Sri J. P. Pandey, counsel for the petitioner. On the last occasion, Sri Rahul Chaudhary holding brief of Sri Yashwant Verma, counsel for the respondents had taken time to prepare the case but today when the case was taken up in the revised list, he expressed his inability to argue the case.
(2.) THIS is landlord's petition. Respondent No. 2 is tenant in the shop situated on the ground floor of the residential building of the petitioner situated in Mohalla Maya Bazar, Reti Road, Gorakhpur. The case of the landlord-petitioner is that the tenant-petitioner has constructed a house known as 'sahu Palace' just in front of the shop in dispute. Petitioner-landlord filed release application registered as P. A. Case No. 74 of 1992 under Section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'u. P. Act No. XIII of 1972') on the grounds of personal bon fide need and default in payment of rent, house tax and water tax.
(3.) THE respondent-tenant contested the release application by filing written statement denying the plaint allegations. The Prescribed Authority after considering the respective cases of the parties, allowed the release application vide order dated 17. 4. 1996.;